Jamieson v. Luce-Mackinac-Alger-Schoolcraft District Health Department

497 N.W.2d 551, 198 Mich. App. 103
CourtMichigan Court of Appeals
DecidedFebruary 1, 1993
DocketDocket 142551
StatusPublished
Cited by8 cases

This text of 497 N.W.2d 551 (Jamieson v. Luce-Mackinac-Alger-Schoolcraft District Health Department) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jamieson v. Luce-Mackinac-Alger-Schoolcraft District Health Department, 497 N.W.2d 551, 198 Mich. App. 103 (Mich. Ct. App. 1993).

Opinions

Griffin, P.J.

Plaintiff, Russell Jamieson, personal representative of the estate of Beatrice Jamieson, deceased, appeals as of right an order of the Luce Circuit Court granting summary disposition in favor of defendants, Luce-Mackinac-AlgerSchoolcraft District Health Department, J. Terrian, M.D., and Rose Hendrickson, R.N. We affirm and hold that the Luce-Mackinac-Alger-Schoolcraft District Health Department is neither a hospital nor a county medical care facility and is therefore immune from tort, liability pursuant to the governmental immunity act, MCL 691.1407; MSA 3.996(107). We further hold that plaintiff’s complaint fails to allege "wanton and wilful misconduct,” MCL 333.2465(2); MSA 14.15(2465X2), on the part of the individual defendants, J. Terrian, M.D., and Rose Hendrickson, R.N.

i

The present case arises from defendants’ alleged failure to diagnose promptly and treat the decedent’s lung cancer. The decedent was first seen at Luce-Mackinac-Alger-Schoolcraft District Health Department on September 23, 1987, by defendant [106]*106Hendrickson. The purpose of the visit to the health department was the decedent’s concern over a positive tuberculin skin test that she had received as part of a preemployment physical. Pursuant to the health department program, the decedent was seen without charge and was provided standard services for her condition.

The tuberculin skin test is a screening device and not a diagnostic test. A positive reaction to the procedure indicates that a person has been exposed to tuberculosis at some time in the past, but does not identify the type of exposure or whether the person is suffering from active tuberculosis. Because the decedent had previous tuberculin skin tests that had been negative, she was considered to be a recent converter for purposes of assessing her risk of developing active tuberculosis. Pursuant to the standard protocol of the health department for similarly situated exposed tuberculin patients, the decedent underwent a treatment plan that included preventive chemotherapy, isoniazid and vitamin B6, and a routine chest x-ray. Defendant Terrian ordered the chest x-ray and received a radiologist report that, although negative for tuberculosis, included the following statement:

Rounded density left mid lung with central lucency. The appearance is most likely due to spuriously superimposed normal structures but other causes cannot be absolutely excluded at this time. Progress pa and slight oblique pa views suggested in further evaluation. Otherwise negative. No prior films available for comparison.

Doctor Terrian wrote on the report the following notation: "Note — neg. chest.” Although the radiologist report had indicated "other causes cannot be absolutely excluded at this time,” Dr. Terrian [107]*107ordered no further investigation in 1987. Two years later, in December 1989, a subsequent chest x-ray revealed a large mass in the decedent’s left lung that was later diagnosed as cancerous. On April 2, 1990, the decedent died as a result of the cancerous condition.

Russell Jamieson brought the present action alleging malpractice and negligence against defendant Luce-Mackinac-Alger-Schoolcraft District Health Department and malpractice and gross negligence against defendants Terrian and Hendrickson.

The Honorable Charles H. Stark granted summary disposition in favor of defendants. Judge Stark ruled that because of the lack of either a physician-patient or a nurse-patient relationship with regard to cancer detection and treatment, Terrian and Hendrickson did not owe a duty to the decedent to diagnose and treat the cancer. Judge Stark further ruled that the Luce-Mackinac-Alger-Schoolcraft District Health Department was a governmental agency entitled to tort immunity pursuant to the governmental immunity statute, MCL 691.1407; MSA 3.996(107), and that Terrian and Hendrickson were entitled to summary disposition on the ground that these defendants are not liable under the "wanton and wilful misconduct” exception.

It is not necessary for our disposition to resolve plaintiffs first issue on appeal. Assuming without deciding the existence of requisite physician-patient and nurse-patient relationships, we conclude that the department, Terrian, and Hendrickson were all entitled to summary disposition.

ii

Subject to certain narrowly drawn exceptions, [108]*108the governmental immunity act grants broad tort immunity to governmental agencies:

Except as otherwise provided in this act, all governmental agencies shall be immune from tort liability in all cases wherein the government agency is engaged in the exercise or discharge of a governmental function. Except as otherwise provided in this act, this act shall not be construed as modifying or restricting the immunity of the state from tort liability as it existed before July 1, 1965, which immunity is affirmed. [MCL 691.1407(1); MSA 3.996(107)(1).]

Plaintiff acknowledges this grant of immunity, but asserts liability against the Luce-Mackinac-Alger-Schoolcraft District Health Department under the "hospital or county medical care facility” exception:

This act does not grant immunity to a governmental agency with respect to the ownership or operation of a hospital or county medical care facility or to the agents or employees of such hospital or county medical care facility. As used in this subsection:
(a) "County medical care facility” means that term as defined in section 20104 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.20104 of the Michigan Compiled Laws.
(b) "Hospital” means a facility offering inpatient, overnight care, and services for observation, diagnosis, and active treatment of an individual with a medical, surgical, obstetric, chronic, or rehabilitative condition requiring the daily direction or supervision of a physician. The term does not include a hospital owned or operated by the department of mental health or a hospital operated by the department of corrections. [MCL 691.1407(4); MSA 3.996(107)(4).]

[109]*109A "county medical care facility” is defined in MCL 333.20104; MSA 14.15(20104) as

a nursing care facility, other than a hospital long-term care unit, which provides organized nursing care and medical treatment to 7 or more unrelated individuals who are suffering or recovering from illness, injury, or infirmity and which is owned by a county or counties. [Emphasis added.]

After thorough review, we conclude that (1) defendant district health department does not own or operate a nursing care facility, and (2) any facilities owned or operated by the district health department are not owned by Luce, Mackinac, Alger, and Schoolcraft Counties. We therefore conclude that the governmental immunity exception with respect to the ownership or operation of a county medical care facility does not apply to defendant Luce-Mackinac-Alger-Schoolcraft District Health Department.

Defendant district health department submitted below uncontroverted documentary evidence establishing that it does not operate a facility wherein aged or infirm patients receive long-term inpatient care. It does not have a building or any beds for the care of overnight patients. Therefore, it does not operate a nursing home as the term is commonly understood:

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Jamieson v. Luce-Mackinac-Alger-Schoolcraft District Health Department
497 N.W.2d 551 (Michigan Court of Appeals, 1993)

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Bluebook (online)
497 N.W.2d 551, 198 Mich. App. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamieson-v-luce-mackinac-alger-schoolcraft-district-health-department-michctapp-1993.